Under what circumstances can Stretch Zone require a franchisee to withdraw or discontinue previously approved promotional materials or advertising?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
You must submit to us for our approval all materials used for Local Advertising, unless we have previously approved the materials or the materials consist of materials we have provided. All materials containing the Intellectual Property must include the applicable designation - service marksm, trademark™, registered® or copyright© , or any other designation we specify. If you have not received our written disapproval of materials you submitted within 10 days from the date we received the materials, then we are deemed to have approved the materials. We may require you to withdraw and/or discontinue the use of any promotional materials or advertising, even if previously approved, if in our judgment, the materials or advertising may injure or be harmful to the Business System. You will have 5 days after you receive of our written notice to discontinue using the materials or advertising, unless otherwise agreed in writing.
Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)
What This Means (2025 FDD)
According to Stretch Zone's 2025 Franchise Disclosure Document, Stretch Zone retains the right to require a franchisee to withdraw or discontinue the use of any promotional materials or advertising, even if those materials were previously approved. This action can be taken if, in Stretch Zone's judgment, the materials or advertising may injure or be harmful to the Business System.
This provision grants Stretch Zone significant control over the franchisee's advertising and promotional activities. Even if a franchisee's local advertising materials have been pre-approved, Stretch Zone can mandate their removal if they are later deemed detrimental to the overall brand or business model. Franchisees must comply with such a request within 5 days of receiving written notice, unless otherwise agreed in writing.
This clause underscores the importance of adhering to Stretch Zone's brand standards and marketing guidelines. While franchisees are required to spend a minimum of $2,000 per month on local advertising, they must ensure that all materials align with Stretch Zone's vision and do not pose any potential harm to the Business System. This includes obtaining approval for all local advertising materials, unless the materials have been previously approved or provided by Stretch Zone.
For a prospective Stretch Zone franchisee, this means that while they have some autonomy in local advertising, Stretch Zone ultimately has the final say. Franchisees need to be prepared to adapt their marketing strategies based on Stretch Zone's directives, even if it means discontinuing previously approved campaigns. This highlights the need for open communication and collaboration with Stretch Zone to ensure that all advertising efforts are aligned with the brand's overall objectives and standards.